Military families face unique challenges, and divorce is no exception. While the core aspects of dissolving a marriage remain similar to civilian divorces, the legalities surrounding deployments, benefits, and residency add complexities. Here’s what you need to know before filing a military divorce.
5 Key Things to Know about Military Divorce
Military divorce refers to the dissolution of a marriage in which one or both spouses are active-duty service members, reservists, or veterans. Unlike civilian divorces, these involve specific regulations and considerations governed by federal and state laws and military guidelines.
Jurisdiction and Residency
Army families move frequently. Unlike civilian divorces tied to a specific county’s residency, the Servicemembers Civil Relief Act (SCRA) allows service members to maintain their home state residency regardless of their duty station. This can impact where you file for divorce. You can potentially file in Florida (if your spouse is stationed here), your home state, or your spouse’s home state, as long as one spouse meets the residency requirement.
For example, imagine a situation where a service member stationed in Florida is originally from California, and their spouse lives in Texas. The SCRA allows service members to potentially file for divorce in California, even though they’re stationed elsewhere.
Deployment
The SCRA protects deployed service members from legal proceedings moving forward without their participation. This means you cannot finalize a divorce while your spouse is deployed unless they agree to participate remotely.
Division of Assets
Military pensions are a significant marital asset. The Uniformed Services Former Spouses Protection Act (USFSPA) allows courts to divide a service member’s disposable retired pay (retirement after 20 years) as part of the marital property settlement. The length of your marriage and your spouse’s service during the marriage significantly impact your entitlement.
Child Custody Considerations
Child custody arrangements must prioritize the child’s best interests while considering the unique challenges posed by military life, such as frequent relocations and deployments. Courts may grant temporary custody arrangements during deployments and provide mechanisms for modifying custody orders based on changes in assignments.
Determining child support obligations can involve complexities when one or both parents are in the military. Income calculations must accurately assess base pay, allowances, bonuses, and other benefits. State child support guidelines and federal regulations provide frameworks for these calculations, ensuring fairness and adequacy for the child’s needs.
Impact on Career and Benefits
Divorce can impact a service member’s career in several ways. Emotional stress and legal proceedings might affect performance and focus. It’s essential to communicate with superiors and seek support services provided by the military to manage stress and maintain career stability. The process can also lead to significant changes in benefits for both the service member and their spouse.
- Housing Allowances: Post-divorce, the service member might need to adjust their housing allowance or move to different accommodations.
- Healthcare Coverage: Spouses and children may lose eligibility for TRICARE(military health insurance). However, former spouses may qualify for continued coverage under the 20/20/20 rule (20 years of marriage, 20 years of service, and 20 years of overlap).
Preparing for Military Divorce
Here are some steps to help you better prepare for the legal process.
Gather Documentation
Collect the marriage certificate, military service records (including deployment history), financial statements (including bank accounts, debts, and investment records), and child custody documents (if applicable).
Seek Legal Counsel
An attorney experienced in military divorce law understands the complexities of benefits, pensions, and the nuances of the SCRA and USFSPA. They can guide you through the process, ensuring they protect your rights and reach a fair settlement.
Consider Mediation
Mediation is a facilitated negotiation process that can be a more amicable and cost-effective way to reach agreements on property division, child support, and alimony, especially if communication remains civil.
Steps in the Military Divorce Process
If you choose to go through with the legal proceeding, here are the key steps you can expect in the military divorce process.
- Initial Consultation: Discuss your situation with a qualified attorney to understand your options and receive legal advice.
- Filing the Petition: Your attorney will file the initial divorce petition with the appropriate court, considering residency requirements and the SCRA.
- Service of Process: Your spouse will be served with the divorce papers, which may require alternative methods if they are deployed.
- Discovery: Both parties disclose financial information, assets, and liabilities. This may involve requesting military earnings statements and pension calculations.
- Negotiation or Mediation: You and your spouse attempt to reach agreements on property division, child custody (if applicable), alimony, and other issues. Your attorney will guide you throughout this process.
- Trial (if necessary): If both parties cannot reach an agreement, the case goes to trial, where a judge makes decisions based on the evidence presented.
- Final Decree: The court issues a final divorce decree, which legally finalizes the divorce and establishes the terms both parties must follow.
Post-Divorce Considerations
Divorce might sometimes mean transitioning out of military life and reintegrating into civilian society. This transition can be challenging, but there are resources available to help.
- Employment Assistance: You can access employment resources through programs like the Military Spouse Employment Partnership (MSEP).
- Education and Training: Programs like the GI Bill can provide educational benefits to help you gain new skills and qualifications.
Military divorce can be a stressful and challenging process. However, with the right guidance and support, you can successfully navigate this transition and build a secure future.
If you’re facing a military divorce or have questions about your rights and legal options, contact Tampa Divorce: Family Law and Divorce Lawyer’s experienced team. We specialize in military divorce and are here to provide the guidance and support you need during this challenging time. Call us today at 813.370.0893 or visit us at 13057 W Linebaugh Ave Ste 102, Tampa, FL 33626.
